Divorce Questions & Answers

Q: Is there anyone in NH that can interpret RSA 458:26 1 as to the word "might" ?

1 Answer | Asked in Divorce for New Hampshire on
Answered on May 26, 2016

I'm a little confused about what you're asking. You say "neither party can divorce" except for those situations, but I assume that's a religious limitation, not a legal one. That would have no effect on interpretation of the statute.
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Q: divorce is final can the ex serve papers asking for half of personal property that wasn't in the divorce in.GA

1 Answer | Asked in Divorce for Michigan on
Answered on May 25, 2016

The question seems to be cut off. Was the divorce in the state of Georgia? Did you fail to answer? Was the property located in Michigan? I can only speculate that a divorce judgement was issued in Georgia. The judge in Georgia was able to dissolve the marriage but had no power to issue an order concerning property in Michigan. Thus, the recourse for your ex to recover property was to sue you in Michigan. If this is true, then the answer is yes, you can be sued for half the personal property...
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Q: Is a spouse able to get the soon to be ex to pay their legal fees in a divorce settlement?

1 Answer | Asked in Divorce for Missouri on
Answered on May 25, 2016

This is a late answer considering you posted your question over a month ago.

There are a lot of factors that come into play when asking for the other party to pay attorney's fees. Usually, it is dependent on the financial disparity between the parties (actual and expected income), marital misconduct, or protracted litigation. The best thing to do is talk with some attorneys and find one you like who will go over specifics with you.
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Q: My father remarried, outside US, before his divorce was official in the US. Under California what happens to his estate

1 Answer | Asked in Divorce and Estate Planning for California on
Answered on May 24, 2016

Good question, and it depends on a couple of things.

First, I am not sure what you mean by "before his divorce was official." Divorce judgements in California can come in two parts, a first order terminating the marriage and then a final order resolving property issues. This allows the courts to terminate the marriage before resolving property issues.

The next part involves whether you are asking about if your father gets a part of his new spouse's estate or visa-versa....
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Q: My Navy husband is delaying our spousal support hearing using the Service Member's Civil Relief Act without good reason!

1 Answer | Asked in Divorce and Family Law for Virginia on
Answered on May 24, 2016

The courts don't like to take chances on whether a servicemember can or cannot attend, so I am not surprised the hearing was set out. If it has already been continued to a later date based on SCRA, unfortunately, I think you're going to need to wait it out. Reach out to family members or local legal aid for assistance - you're going to want a lawyer to help navigate the scheduling of the court and the eventual meat of the case. If legal aid is not available, you can call around to seek...
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Q: My ex husband is working in a work release program and has not paid any child support since 2014 what do I fill?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on May 24, 2016

Garnish his wages.
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Q: I received a action for divorce summons. Do I send my answer to the Plaintiffs Attorney or to the court?

1 Answer | Asked in Divorce for New Hampshire on
Answered on May 23, 2016

Most likely both. But you should ask in the NY Justia section or check the court rules.
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Q: Can my ex husband stop me from moving out of state with my children?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on May 21, 2016

Certainly he can stop you, if your moving would interfere with his shared parental custody or visitation. You need to apply to the court for modification of custody.
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Q: we both not want divorce , so what do we do?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on May 21, 2016

It only takes one person to get a divorce so if he wants it he will get it.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
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Q: how do i find out if i am still married. i have not had any kind of contact with my wife for over 20 years.

1 Answer | Asked in Divorce for California on
Answered on May 20, 2016

There's no way to know for sure. You should, theoretically, have been informed of any divorce case that your wife would have filed on you any time during the last 20 years. People lie about this all the time, though, so it is possible your wife filed a case and then claimed falsely that you could not be found so you were served with a newspaper ad you never saw.

Andy
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Q: what should you do if you send divorce papers to your ex but he never returns them to court

1 Answer | Asked in Divorce for Colorado on
Answered on May 20, 2016

If your ex is not participating you may have a default divorce. If it is too late in the process for a default, then you should continue to file your materials and send the notices to your ex. If he does not respond and does not appear at the hearings, the judge should grant you your divorce (assuming you properly filed all your material). Contact the self help office at your local courthouse for advice on what documents you need to file.
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Q: How can I get child support if he doesn't have a job ?

1 Answer | Asked in Divorce and Family Law for Michigan on
Answered on May 20, 2016

Even if he doesn't have a job the court can impute income to your husband to determine his child support obligation. If he fails to pay that amount then he would be subject to the full array of methods available to the court to force him to pay. That includes incarceration.
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Q: My husband abanded me around 15 years ago and i want a divorce. I have no address for him. Can i still file?

1 Answer | Asked in Divorce for Michigan on
Answered on May 20, 2016

Yes. The procedure is to send the Complaint for Divorce to his last known address. When it is returned then you can file a motion for alternative service with the court. Usually the Judge will order that notice be published in a newspaper in the city of the last known address for a period of three weeks. Then the divorce can proceed.
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Q: In divorce/custody case, will the judge take in consideration my daughter's opinion?

1 Answer | Asked in Divorce and Family Law for Colorado on
Answered on May 20, 2016

Yes, a child's opinion will be considered (and is usually given considerable weight). The older the child, the more weight their opinion; at 7 the weight will be medium. The judge, and rarely the parties, will usually ask a lot of surrounding questions (e.g. what do you do with your mother/father?) and not directly "who do you want to live with?". The questions will be soft and no attorney (or party in the right mind) will try to zing a child. In my experience, every judge tries to put the...
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Q: What should I do if I realize I was used for marriage for my husband to get his green card?

2 Answers | Asked in Divorce, Employment Law and Immigration Law for California on
Answered on May 19, 2016

You should contact USCIS to explain this but if you do not have any valid proof for your claims your plea will not be accepted. I suggest you first contact an immigration attorney and then move forward with this process. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful...
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Q: Where do I need to file for divorce if I having residing in NJ and my wife in Puerto Rico.

1 Answer | Asked in Divorce for New Jersey on
Answered on May 19, 2016

Since you are a NJ resident, you must file in NJ. Whether or not she accuses you of adultery, it is irrelevant to all financial issues.There is also a very large difference between accusing someone of something and being able to successfully prove it in a Court of law. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. Good luck.
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Q: Am i entitled to Spouse's settlement funds if employee descrimination case is settled after divorce?

1 Answer | Asked in Divorce for Missouri on
Answered on May 17, 2016

You definitely need to hire an attorney if you have not done so already. Generally, any funds earned, which can include settlements, is considered marital income and each spouse is entitled to an equitable portion.
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Q: Does the name on the title matter if the house is awarded to me in the divorce?

1 Answer | Asked in Divorce for Missouri on
Answered on May 17, 2016

If you both resided in the house during the marriage, it is determined to be the marital home and you may be entitled the equity in the home regardless of whose name is on the title. You will more than likely need an attorney to assist you with this since assets and debts can be tricky at times to divide in a divorce.
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Q: My husband is now a retired pilot from Northwest Airlines and we got divorced several years after he retired . He is 68

1 Answer | Asked in Divorce for Arizona on
Answered on May 15, 2016

An attorney would have to review your court orders and speak with you to properly advise you in this situation. Most attorneys offer free initial consultations.
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Q: : At the time of our divorce, my ex and continued to reside in the home we own jointly. Our intention was to both

1 Answer | Asked in Divorce for Florida on
Answered on May 12, 2016

I would think so, yes. You should move to amend as quickly as possible.
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